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Assiterminal and Assologistica propose two hypothesis of aids to the companies of the harbour field
Letter to the parliamentarians in sight of Decreto Support
March 5, 2021
In the picture of the current phase of definition of the so-called one I decree Support, the provision under consideration for the economic support to the categories hit from the effects of the sanitary crisis, the presidents of Assiterminal and Assologistica, Luca Becce and Andrea Gentile, have sent to the parliamentarians a letter that includes two hypothesis of norm that - they have explained - they are "functional to the estate of the system of the operating companies in the Italian portualità coherently with the contained normative dictations in you decree "emanated refreshments" in the course of 2020 and with law budgetary 2021, lasting also in our field - they have emphasized Becce and Gentile - the effects of the pandemic above all for how much it concerns the Marine Stations to the service of the crocieristici traffics".
Synthetizing the content of the two normative proposals, that we publish below, the presidents of Assiterminal and Assologistica have explained that they preview: "reproposition reduction concessori canons proportional to the reduction of the turnovers, taking cue from art. the 199, approved of DL 34/20 and odg during conversion DL milleproroghe (inserted in illustrative relation); deep reproposition "former passenger terminal" art.1, Co. 666, L.178/20, in consideration of dragging on of NOT the ripartenza of crocieristici traffics (2020 = - 94% vs 2019 - esteem semester 2021 (on the base of the data supplied us from operators today) - 99% vs 2019)".
"He is obvious - they have found Becce and Gentile in the letter - than the aforesaid requests represent a potential one (for not exaustive how much) aid to all the field of the portualità independently from the associative representation: our objective is that to promote requests that can relapse positive on the "system" of the harbour entrepreneurship".
Art. .....
Prot.: 042/21
Dispositions in harbour matter
1. In consideration of the decrease of the traffics in the Italian ports deriving from emergency COVID-19, the Authorities of harbour system and the harbour Authority of Gioia Tauro, compatibly with own availabilities budgetary and arrest warrant how much previewed from the article 9-ter of 28 decree-law september 2018, n. 109, converted with modifications from the law 16 November 2018, n. 130:
they arrange the reduction of the amount of the canons of the concessions and authorizations of which to article 36 of the navigation code, to article 16 and 18 of 28 the law January 1994, n. 84, that they have to object the exercise of former harbour operations art. 16 l. 84/1994 and/or the management of marine stations and services of support to passengers, whom had in relation per year 2021; the reduction of which to letter anticipates is recognized, for the canons which had until the date of 31dicembre 2021, in favour of the concessionaires and of the enterprises for harbour operations that they demonstrate to have quickly in the period comprised between on January 1°, 2021 and on November 30, 2021, a decrease of the volume of traffic regarding the same period of year 2019.
They have, compatibly with the right of the European Union, and where of it they rerun the conditions, a modification of the concessori relationships in being to the aim to take into consideration the effects deriving from the unforeseeable events, included epidemiologica emergency COVID-19 there, let alone from the necessity to execute necessary additional work for the exercise of the infrastructure, in I compute of the balance economic-financial of the original concessions, advance eventual former notification art. 107 TFUE.
2. The reduction of which to codicil 1 lett. a) of anticipates article, is recognized by the harbour Authorities of System, to be worth on the running availabilities and the remainders of administration of each, in the limits of the relative availability, with the modalities of which to art. the 199 implementing Ministerial Decreto of codicil 8 of the bill n. 34/2020.
Illustrative relation
In premised report integrally the approved of agenda 9/2845-A/117 from the Chamber of Deputies (l. 21/2021)
"The Chamber, premised that:
article 36 of the navigation code (regal I decree 30 March 1942, n. ? 327) discipline the marine state property concessions;
article 16, 17 and 18 of the harbour law (28 law January 1994, n. ? 1994) they discipline, respective, the harbour operations, the supply of temporary the harbour job, the concessions of areas and docks;
considered the meaningful decrease of the traffics recorded in the Italian ports and considered also the necessity to contain the negatives economic effects deriving pandemic COVID-19 and to reduce the connected costs to the measures of adopted prevention and control, engages the Government to estimate the opportunity:
to allow with the authorities of harbour system, where of it they rerun the conditions and in the respect of the balances budgetary, to apply also for the year the 2021 reductions of the canons previewed from article 199, codicil 1, letter a), of the 19 decree-law May 2020, n. ? 34, converted, with modifications, from the law 17 July 2020, n. ? 77, in relation to the reductions of turnover recorded in 2021 regarding 2019;
to allow, compatibly with the eurounitaria discipline and where of it they rerun the conditions, a modification of the concessori relationships in being to the aim to take into consideration the effects deriving from economic-financial epidemiologica emergency COVID-19 and to guarantee the balance of the same concessions."
Also to the aim of giving I keep on how much in premise, as famous, article 36 of the navigation code (regal I decree 30 March 1942, n. ? 327) discipline insistent the marine state property concessions also in the disciplined harbour within from the law n. 84/1994.
Moreover, article 16, and 18 of the harbour law (28 law January 1994, n. ? 1994) they discipline, respective, the authorizations to distribute harbour operations, let alone the release of concessions of areas and docks for the development of harbour operations. These last ones constitute, therefore, a fattispecie re-entering also in art. the 36 cod. nav.
Moreover the law n. 84/1994, to art. the 6, discipline the confidence of the service of management of the marine stations and the services of support to the passengers, carried out, they also, in concession regime.
Considered the meaningful decrease of the traffics recorded in the Italian ports and considered also the necessity to contain the negatives economic effects deriving pandemic COVID-19 and to reduce the connected costs to the measures of adopted prevention and control, is considered necessary to introduce a compensation that it allows with the Authorities of harbour system, where of it reruns the conditions and in the respect of the balances budgetary, to apply also for the year the 2021 reductions of the canons previewed from article 199, codicil 1, letter a), of the 19 decree-law May 2020, n. ? 34, converted, with modifications, from the law 17 July 2020, n. ? 77, in relation to the reductions of turnover recorded in 2021 regarding 2019;
In the second place, one agrees to give explicit performance to art. the 56 TFUE in harbour matter allowing the modification of the concessori relationships in being, also in terms of duration, the aim to take into consideration the effects deriving from epidemiologica emergency COVID-19, of the unforeseeable events and necessary the additional work, in the single cases allowed from the right of the European Union with economic-financial the aim to guarantee the balance of the same concessions.
Art. (…)
Prot.: 042/21
Disposition in topic of support to the section of the terminals cruises
1. In consideration of the damages endured from the entire field of the harbour terminals enslaved to the disembarkation and boarding of people relatively to the cruise ships, according to art. the 6 lett. c) of the law n. 84/1994, because of the insorgence of the epidemic from COVID-19 and to the aim to safeguard the occupational levels and the competitiveness and efficiency of the section of the crocieristici harbour terminals, is increased the bottom already instituted near the Ministry of infrastructures and the transports, according to article 1, 666 codicil and codicil 667 of the cited law n. 178 of 2020, for an ulterior equipment of 40 million euros for the year 2021, destined one to compensate the reduction of disembarked and boarded the revenues for decrement fleeting in the period from on January 1, 2021 on June 30, 2021 regarding the average of the revenues recorded in the same period of biennium 2018-2019.
Illustrative relation
The necessity to characterize a compensation bottom in order to support the activity of the marine stations and the passenger terminals derives from the obvious and clear decrease of the traffic volume and from the consequent decrease of the turnover.
In fact, bringing up-to-date the data to the 31/12/2020 (for the section terminal cruises) it is found how much follows:
Fleeting Cruises year 2019: about nr. 12.000.000 - 2018: nr.11.000.000/medium 11.500.000
Fleeting cruises forecast 2021 (based on the data of reservation currently available): nr. 1.000 (- 99% vs 2019)
The joint provision of the impact of the 3 items previewed in norm (stopping Costs - Smaller costs exercise deriving from social shocks-absorber (covid) - additional Costs deriving from the covid) can be proportioned in a 10% of smaller losses.
Therefore from a -99% revenues vs 2019 would turn out: revenues + conditions read medium budget vs 2019/2018 = -10% that is, 50.000.000 euros revenues in less.
Assuming the same criterion of calculation for the other passenger terminals (whose decrease would be attested on - 50% - making an average between local traffic and traffic of mean/long range - and in which the impact of the items 5% are obviously smaller - about) euro could prefigure an additional amount of smaller revenues for 80 million/(vs an average of 180 million euro 2019/2018).
Considering that all the traffics cruises/roro pax are not managed by articles. 6/18 - 36 the limits could be reasonable to assume a criterion of compensation arranged to cover of 40% of the made losses blank set up from the right of the Union whereby the EU commission did not allow sforamenti.
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